(1) The department shall establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping. (1m) (a) If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a firearm, excluding any season established under s. 29.016 (3), the season shall also be open for hunting that animal with a crossbow and a bow and arrow. (b) If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a bow and arrow but not with a firearm, the department shall also establish an open season for hunting the respective game with a crossbow. (1s) If the department establishes an open season for hunting or trapping any of the following animals, the department shall end the open season for each on the Sunday nearest January 6: (a) Pheasant. (b) Gray partridge. (c) Fisher. (d) Wild turkey, if the open season begins in the fall. (e) Deer, if the season is open only to archers. (1t) (a) Notwithstanding sub. (1s), if the department determines, based on harvest registration data for an animal in a specific area of the state, that hunters or trappers are likely to take more than the quota set for that animal for the open season in that area, the department may close the season for that animal in that area. (b) Notwithstanding sub. (1s), the department may change the end date for an open season for the hunting or trapping of any animal listed in sub. (1s) (a) to (e) in specific areas of the state if the department determines it is necessary to promote the growth or control the population of that animal in that area. (1u) (a) If the department establishes an open season for hunting an animal with a firearm, the season shall also be open for hunting that animal with an airgun. (b) The department may promulgate rules limiting the types of airguns that may be used to hunt specific species during particular hunting seasons. If the department promulgates rules under this paragraph, the department shall allow the use of airguns and airgun ammunition that are similar to permitted firearms and firearm ammunition with regards to effectiveness for hunting. (2) (b) All of the rules promulgated under this chapter are prima facie reasonable and lawful until found to be otherwise in a final determination by a court. (c) Any reference to this chapter includes any rules promulgated under this chapter and any reference to any provision of this chapter includes any rules promulgated under that provision. (3) Any rule of the department is subject to review in the manner provided in ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of that county. (4) No person may challenge the validity of a rule promulgated under this chapter in any prosecution of that person for a violation of this chapter or rules promulgated under this chapter unless the person has previously brought a separate action under s. 227.40 seeking a declaratory judgment on the validity of the rule.
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